Stolen Valor Act of 2005

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The Stolen Valor Act of 2005 (the Act), signed into law by President George W. Bush on December 20, 2006,[1] is a U.S. law that broadens the provisions of previous U.S. law addressing the unauthorized wear, manufacture, sale or claim (either written or oral) of any military decorations and medals. It is a federal misdemeanor offense, which carries a punishment of imprisonment for not more than 1 year and/or a fine; the scope previously covered only the Medal of Honor.

The Act was first introduced in the U.S. House of Representatives on July 19, 2005 by Representative John Salazar, a Democrat from Colorado, as H.R. 3352.[2][3] It was introduced into the Senate by Senator Kent Conrad, a Democrat from North Dakota, on November 10, 2005 as S. 1998.[4][5] The Senate version was passed unanimously on September 7, 2006.[5][6] The Senate version then went to the same House Judiciary Committee that held the House version. The Act briefly stalled, but the House subsequently passed the Senate version, S. 1998, on December 6 2006.[7]

The purpose of the Act is to strengthen the provisions of 18 U.S.C. § 704 by broadening its scope and strengthening penalties. Specific new provisions in the Act include: granting more authority to Federal law enforcement officers, extending scope beyond the Medal of Honor, broadening the law to cover false claims whereas previously an overt act had to be committed, covering mailing and shipping of medals, and protecting the reputation and meaning of military heroism medals.[3][5] Under the act, it is illegal for unauthorized persons to wear, buy, sell, barter, trade or manufacture "any decoration or medal authorized by Congress for the armed forces of the United States, or any of the service medals or badges awarded to the members of such forces." In the 18 months after the act was enacted, the Chicago Tribune estimates 20 prosecutions. The number is increasing as awareness about the law spreads. [8]

The Act was likely passed in order to address the issue of persons claiming to have been awarded military awards for which they were not entitled and exploiting their deception for their personal gain. For example, as of June 2, 2006 there were only 120 living Medal of Honor recipients, but there were far more known imposters.[9][10][11] There are also large numbers of fake Navy SEALS[12][13] and Army Special Forces,[14] among others.

The Orders and Medals Society of America (OMSA), an organization of collectors, had opposed the bill in its current form. OMSA is of the opinion that the changes to 18 U.S.C. § 704 included wording that implied that any movement or exchange of medals would be illegal.[15][16]

[edit] See also

[edit] References

  1. ^ Anne C. Mulkern (December 20, 2006). "Rep. Salazar's bill on falsely claiming medals now a law". Denver Post. http://www.denverpost.com/nationworld/ci_4876210. Retrieved 2006-12-22. 
  2. ^ "H.R. 3352: Stolen Valor Act of 2005". 109th U.S. Congress (2005-2006). GovTrak.us. http://www.govtrack.us/congress/bill.xpd?bill=h109-3352. Retrieved 2006-12-10. 
  3. ^ a b "H.R. 3352" (PDF). 109th U.S. Congress (2005-2006). GovTrak.us. http://www.govtrack.us/data/us/bills.text/109/h/h3352.pdf. Retrieved 2006-12-10. 
  4. ^ "S. 1998: Stolen Valor Act of 2005". 109th U.S. Congress (2005-2006). GovTrak.us. http://www.govtrack.us/congress/bill.xpd?bill=s109-1998. Retrieved 2006-12-10. 
  5. ^ a b c "S. 1998" (PDF). 109th U.S. Congress (2005-2006). GovTrak.us. http://www.govtrack.us/data/us/bills.text/109/s/s1998.pdf. Retrieved 2006-12-10. 
  6. ^ "S. 1998 In The House Of Representatives". 109th U.S. Congress (2005-2006). TheOrator.com. Sep 8, 2006. http://www.theorator.com/bills109/s1998.html. Retrieved 2006-12-10. 
  7. ^ Sterner, C. Douglas (Dec 7, 2006). "The Stolen Valor Act of 2005". POWnet.org. http://www.pownetwork.org/phonies/stolen_valor_media_information_sheet.htm. Retrieved 2006-12-10. 
  8. ^ Crewdson, John (May 2008). "Fake claims of war heroics a federal offense". Chicago Tribune. http://www.chicagotribune.com/news/nationworld/chi-valormay28,0,4768252.story?page=1. 
  9. ^ "Living Recipients". Congressional Medal of Honor Society. Jun 2006. http://www.cmohs.org/recipients/living_recips.htm. Retrieved 2006-12-10. 
  10. ^ Taylor, Michael (May 1999). "Tracking Down False Heroes - Medal of Honor recipients go after impostors". Mishalov.com. http://www.mishalov.com/False_MoH_Recipients.html. Retrieved 2006-12-10. 
  11. ^ Mishalov, Neil (1999). "Men Who Falsely Claim to have Received the Medal of Honor". Mishalov.com. http://www.mishalov.com/FBI_False_Medal_of_Honor.html. Retrieved 2006-12-10. 
  12. ^ Waterman, Steve. "Fake SEALs". stevenlwaterman.com. http://www.stevenlwaterman.com/steve/. Retrieved 2006-12-10. 
  13. ^ "Wannebes Beware!". nightscribe.com. http://www.nightscribe.com/Military/SEALs/wannabe_seals.htm. Retrieved 2006-12-10. 
  14. ^ "Hunting the Phonies". specialoperations.com. http://www.specialoperations.com/Phonies/. Retrieved 2006-12-10. 
  15. ^ "OMSA President's Message on the Stolen Valor Act to all OMSA members and friends". Orders and Medals Society of America. http://omsa.org/forums/showthread.php?t=446. Retrieved 2006-12-13. 
  16. ^ "Sample Letter to Congressman". Orders and Medals Society of America. http://omsa.org/forums/showthread.php?t=447. Retrieved 2006-12-13. 

[edit] External links

False Heroes
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